Recent Decision Signals a Plaintiff-friendly Reading of Ontario's New Crown Liability Statute 30 avril 2020 Matthew Howe, Associate - Polley Faith LLP Case comment on Leroux v. Ontario, 2020 ONSC 1994, a recent reconsideration decision in an ongoing class action against the provincial government.
Access to Justice in the Time of COVID-19: Lessons from Classical Antiquity 23 avril 2020 Megan Hodges, Blaney McMurtry LLP A judicial system that cannot hear cases and deliver fair, decisive, and timely results weakens social bonds and can sow distrust and disfavour of the government. What can lawyers and litigants do to help?
Court of Appeal Summaries (April 13 – 17, 2020) 23 avril 2020 John Polyzogopoulos There were five substantive civil decisions released by the Court of Appeal for Ontario this week.
Blaney's Appeals: Ontario Court of Appeal Summaries (April 6 – 10, 2020) 14 avril 2020 John Polyzogopoulos There was only one substantive civil decision released by the Court of Appeal this week - 1842752 Ontario Inc. v Fortress Wismer 3-2001 Ltd.
Court of Appeal Summaries (March 30 – April 3, 2020) 06 avril 2020 John Polyzogopoulos Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. In Carleton Condominium Corporation No. 476 v. Wong, the Court issued its first decision regarding COVID-19. The appellant requested an adjournment of an appeal because in-person hearings are suspended. Paciocco J. denied the request, holding that the inevitable backlog of appeals should not be aggravated by adjourning matters that can be fairly adjudicated in writing.
Court of Appeal Summaries (February 24 – 28, 2020) 04 mars 2020 John Poloyzogopoulos Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.
Blaney's Appeal: Court of Appeal Summaries (February 17-21, 2020) 25 février 2020 John Polyzogopoulos Following are this week’s summaries of the Court of Appeal for Ontario.
Building Your Own Trial Process: The Procedural Foundation for Hybrid Trials 25 février 2020 Kimberly Boara Alexander, partner, KBA Partners LLP Litigators can use the Rules of Civil Procedure to better advantage; Kimberly Boara Alexander suggests how.
Blaney's Appeals: Court of Appeal Summaries (February 10 – 14, 2020) 25 février 2020 John Polyzogopoulos Following are this week’s summaries of the civil decisions. Ingarra v. 3010999 Ontario Limited (Previn Court Homes) is a reminder to residential real estate lawyers that their clients purchasing new homes have added rights under the Tarion legislation regarding extensions of the closing date. In Zhao v. Li, the Court of Appeal distinguished between singular and ongoing acts of oppression. Other topics included a large fraud against a foreign pension fund.
Ontario Recognizes New Privacy Tort 18 février 2020 Shalom Cumbo-Steinmetz, Lara Guest, Ronak Shah and Molly Reynolds, Torys LLP, In a landmark decision, Yenovkian v. Gulian, released December 19, 2019, the Ontario Superior Court of Justice recognized the privacy tort of “publicity placing a person in a false light” for the first time in Canada.